On June 09, 2021 a
Answer
was filed
involving a dispute between
Paula A. Karnisky His Spouse,
Paula A. Karnisky
His Spouse,
Robert A. Karnisky,
and
Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc.,
Air & Liquid Systems Corporation
As Successor By Merger To Buffalo Pumps, Inc.,
Alray Construction Corp. F K A Hebert Construction Corp.,
Alray Construction Corp.
F K A Hebert Construction Corp.,
Armstrong International, Inc.,
Armstrong Pumps Inc.,
Aurora Pump Company,
Cleaver-Brooks, Inc. F K A Aqua-Chem, Inc.,
Cleaver-Brooks, Inc.
F K A Aqua-Chem, Inc.,
Clyde Union Inc. F K A Union Pump Company,
Clyde Union Inc.
F K A Union Pump Company,
Crane Co.,
Elmer W. Davis Inc.,
Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
Flowserve Corporation
F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
Flowserve Us, Inc. Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company,
Flowserve Us, Inc.
Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company,
Fmc Corporation Individually And As Successor To Northern Pump Company And Coffin,
Fmc Corporation
Individually And As Successor To Northern Pump Company And Coffin,
Foster Wheeler Llc,
Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc.,
Frontier Insulation Contractors, Inc.
F K A Frontier Insulation And Asbestos, Inc.,
Gardner Denver, Inc.,
General Electric Company,
Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation,
Goulds Pumps, Incorporated
F K A Goulds Pumps Merger Corporation,
Grinnell Llc,
Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Honeywell International Inc.
F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval,
Imo Industries Inc.
Individually And As Successor In Interest To Imo Delaval,
Industrial Insulation Sales, Inc.,
Insulation Distributors, Inc.,
Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow,
Itt Corporation
F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow,
Mader Capital, Inc.,
Mader Plastering Corp.,
Met-Pro Technologies Llc A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division,
Met-Pro Technologies Llc
A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division,
Neles-Jamesbury, Inc,
Pfaudler, Inc.,
R.E. Hebert And Company, Inc.,
Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Riley Power Inc.
F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Rochester Acoustical Corp.,
Rochester Industrial Insulation, Inc.,
Spirax Sarco, Inc. Individually And As Successor To Sarco Company, Inc.,
Spirax Sarco, Inc.
Individually And As Successor To Sarco Company, Inc.,
Spx Cooling Technologies, Inc. F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company,
Spx Cooling Technologies, Inc.
F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company,
The Mader Corporation,
The Marley-Wylain Company F K A Weil-Mclain,
The Marley-Wylain Company
F K A Weil-Mclain,
The William Powell Company,
Union Carbide Corporation,
Velan Valve Corp.,
Viacomcbs, Inc.,
Warren Pumps Llc,
Watts Water Technologies, Inc
F K A Watts Industries, Inc, Individually And As Successor To Mueller Steam Specialty Company,
Weir Valves & Controls Usa, Inc. D B A Atwood & Morrill Co., Inc.,
Weir Valves & Controls Usa, Inc.
D B A Atwood & Morrill Co., Inc.,
William Summerhays' Sons Corporation,
Zurn Industries, Llc Individually And As Successor In Interest To Erie City Iron Workers Corporation,
Zurn Industries, Llc
Individually And As Successor In Interest To Erie City Iron Workers Corporation,
for Torts - Asbestos
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM INDEX NO. E2021005118
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2987884
Book Page CIVIL
Return To: No. Pages: 9
JESSICA JEAN BURGASSER
295 Main Street Instrument: ANSWER
Suite 900
Buffalo, NY 14203 Control #: 202202140881
Index #: E2021005118
Date: 02/14/2022
Karnisky, Robert A. Time: 2:32:23 PM
Karnisky, Paula A.
Air & Liquid Systems Corporation
Alray Construction Corp.
Armstrong International, Inc.
Armstrong Pumps Inc.
Aurora Pump Company
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 9
202202140881 Index #
INDEX : E2021005118
NO. E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
______________________________________________
ROBERT A. KARNISKY and
PAULA A. KARNISKY, his spouse,
Index: E2021005118
Plaintiffs, ANSWER WITH CROSS-
CLAIMS TO PLAINTIFFS’
AMENDED COMPLAINT
vs.
AIR & LIQUID SYSTEMS CORPORATION
as successor by merger to
BUFFALO PUMPS, INC.;
ALRAY CONSTRUCTION CORP.
f/k/a HEBERT CONSTRUCTION CORP.;
ARMSTRONG INTERNATIONAL, INC.;
ARMSTRONG PUMPS INC.;
AURORA PUMP COMPANY;
CLEAVER-BROOKS, INC.
f/k/a AQUA-CHEM, INC.;
CLYDE UNION INC.
f/k/a UNION PUMP COMPANY;
CRANE CO.;
ELMER W. DAVIS INC.;
FLOWSERVE CORPORATION
f/k/a THE DURIRON COMPANY, INC.
sued as successor by merger to
DURCO INTERNATIONAL;
FLOWSERVE US, INC.
solely as successor to
ROCKWELL MANUFACTURING COMPANY
EDWARD VALVES, INC. and
EDWARD VOGT VALVES COMPANY;
FMC CORPORATION
individually and as successor to
NORTHERN PUMP COMPANY and COFFIN;
FOSTER WHEELER LLC;
FRONTIER INSULATION CONTRACTORS, INC.
f/k/a FRONTIER INSULATION AND ASBESTOS, INC.;
GARDNER DENVER INC.;
GENERAL ELECTRIC COMPANY;
GOULDS PUMPS, INCORPORATED
f/k/a GOULDS PUMPS MERGER CORPORATION;
GRINNEL LLLC;
2 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
HONEYWELL INTERNATIONAL, INC.
f/k/a ALLIEDSIGNAL, INC.
and as successor in interest to
THE BENDIX CORPORATION;
INDUSTRIAL INSULATION SALES, INC.;
INSULATION DISTRIBUTORS, INC.;
ITT CORPORATION
f/k/a ITT INDUSTRIES, INC.
individually and as successor to
ITT FLUID PRODUCTS CORP.
ITT HOFFMAN
ITT BELL & GOSSETT COMPANY and
ITT MARLOW;
MADER CAPITAL, INC.;
MADER PLASTERING CORP.;
MET-PRO TECHNOLOGIES LLC
a CECO Environmental Company
successor by merger to
MET-PRO CORPORATION
on behalf of its DEAN PUMP DIVISION;
PFAULDER, INC.;
R.E. HEBERT AND COMPANY, INC.;
RILEY POWER INC.
f/k/a BABCOCK BORSIG POWER, INC.
f/k/a DB RILEY, INC.
f/k/a RILEY STOKER CORPORATION;
ROCHESTER ACOUSTICAL CORP.;
ROCHESTER INDUSTRIAL INSULATION INC.;
SPIRAX SARCO, INC.
individually and as successor to
SARCO COMPANY, INC.;
SPX COOLING TECHNOLOGIES, INC.
f/k/a MARLEY COOLING TECHNOLOGIES, INC.
f/k/a THE MARLEY COOLING TOWER COMPANY
THE MADER CORPORATION;
THE MARLEY-WYLAIN COMPANY
f/k/a WEIL-McLAIN;
THE WILLIAM POWELL COMPANY
UNION CARBIDE CORPORATION;
VELAN VALVE CORP.;
VIACOMCBS, INC;
WARREN PUMPS, LLC;
WEIR VALVES & CONTROLS USA, INC.
d/b/a ATWOOD & MORRILL CO., INC;
WILLIAM SUMMERHAYS' SONS CORPORATION;
ZURN INDUSTIRES, LLC
3 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
individually and as successor in interest to
ERIE CITY WORKERS CORPORATION;
NELES-JAMESBURY, INC.,
WATTS WATER TECHNOLOGIES, INC.
f/k/a WATTS INDUSTRIES, INC.
individually and as successor to
MUELLER STEAM SPECIALTY COMPANY,
Defendants.
___________________________________________
Defendant AIR & LIQUID SYSTEMS CORPORATION as successor by merger to
BUFFALO PUMPS, INC. (“Defendant BUFFALO PUMPS”) by its attorneys, WILBRAHAM,
LAWLER & BUBA, P.C. as and for its ANSWER to Plaintiffs’ Amended Complaint, states upon
information and belief as follows:
1. Defendant BUFFALO PUMPS repeats and alleges its Answer, with cross-claims
and affirmative defenses, dated December 21, 2020, as if fully incorporated and set forth herein.
2. Answering paragraphs 1, 4-47, and 109-110 of Plaintiffs’ Amended Complaint,
Defendant BUFFALO PUMPS is without knowledge or information sufficient to form a belief as
to the truth of the allegations contained in said paragraphs and on that basis denies them.
3. Defendant BUFFALO PUMPS believes paragraph 2 and 68-69 of Plaintiffs’
Amended Complaint contains a legal argument rather than a fact that can be admitted or denied. To
the extent this is a legal argument rather than facts, BUFFALO PUMPS declines to answer. To the
extent an answer is necessary, BUFFALO PUMPS, denies paragraph 2 and 67-68.
4. Answering paragraph 3, 55, and 67 of Plaintiffs’ Amended Complaint, Defendant
BUFFALO PUMPS denies the allegations contained in said paragraphs.
5. Answering paragraphs 48-53, 56-66, and 71-75 of Plaintiffs’ Amended Complaint,
Defendant BUFFALO PUMPS denies the allegations to the extent they are directed to Defendant
BUFFALO PUMPS, and is without knowledge or information sufficient to form a belief as to the
4 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
truth of the allegations to the extent they are related to parties other than Defendant BUFFALO
PUMPS and on that basis denies them. By way of further response, Defendant BUFFALO PUMPS
specifically denies any allegation(s) of strict liability; negligence; recklessness; carelessness;
failure; breach; misrepresentation; false representations; conspiracy; market share liability; or
fraudulent, unjust, knowing, intentional, wrongful, willful, misleading, deceptive, immoral,
malicious, wanton, or other culpable conduct on the part of Defendant BUFFALO PUMPS
contained in said paragraphs.
6. Answering paragraph 55 of Plaintiffs’ Amended Complaint, Defendant BUFFALO
PUMPS denies the allegations contained in said paragraphs to the extent they are directed to
Defendant BUFFALO PUMPS; and is without knowledge or information sufficient to form a
belief as to the truth of the allegations to the extent they are related to parties other than Defendant
BUFFALO PUMPS and on that basis denies them.
7. Answering paragraphs 77-81 and 83-107 of Plaintiffs’ Amended Complaint,
Defendant BUFFALO PUMPS, states that the allegations contained in said paragraphs are directed
to co-defendants other than BUFFALO PUMPS. Defendant BUFFALO PUMPS is not one of
these co-defendants named. As such, Defendant BUFFALO PUMPS declines to respond to said
allegations. To the extent that any allegation in said paragraphs makes a claim against Defendant
BUFFALO PUMPS, such allegations are denied.
8. With respect to paragraphs 54, 70, 76, 82, and 108 of Plaintiffs’ Amended
Complaint, Defendant BUFFALO PUMPS admits such allegations as are elsewhere herein
admitted and denies such allegations as are elsewhere herein denied.
9. Defendant BUFFALO PUMPS denies each and every allegation set forth in
Plaintiffs’ Amended Complaint not heretofore specifically admitted, denied or otherwise
5 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
controverted.
AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS
10. Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiffs
recovers judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiffs’
Complaint(s), then any liability on the part of Defendant BUFFALO PUMPS will have been
brought about or caused by the negligence, carelessness, fault or culpable conduct on the part of
Co-Defendants.
11. By reason of these premises, if Plaintiffs should recover a judgment against
Defendant BUFFALO PUMPS, then Co-Defendants shall be liable in contribution to Defendant
BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co-Defendants shall
indemnify Defendant BUFFALO PUMPS, and/or contribute to Defendant BUFFALO PUMPS for
their proportionate and respective share of any such judgment as shall be determined upon the trial
of this action, including reasonable costs and attorneys’ fees pursuant to Article 16 of the Civil
Practice Law and Rules.
AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS
12. Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiffs
should recover a judgment against Defendant BUFFALO PUMPS, then the liability of Defendant
BUFFALO PUMPS will have been brought about by reason of the primary negligence,
carelessness, breach of warranty, and/or strict liability of Co-Defendants, without any such
negligence, carelessness, breach of warranty or strict liability on the part of Defendant BUFFALO
PUMPS, who is thereby entitled to indemnification for all or part of any such judgment in such
amount as shall be determined ultimately at the trial of this action.
6 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
AS AND FOR A THIRD CROSS-CLAIM AGAINST CO-DEFENDANTS
13. Defendant BUFFALO PUMPS denies any liability on its part, but if the Plaintiffs
should recover judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiffs’
Complaint(s), then any liability on the part of Defendant BUFFALO PUMPS will have been
brought about or caused by the negligence, carelessness, fault or culpable conduct on the part of
Co-Defendants.
14. By reason of these premises, if Plaintiffs should recover a judgment against
Defendant BUFFALO PUMPS then Co-Defendants shall be liable in contractual indemnification
to Defendant BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co-
Defendants shall indemnify Defendant BUFFALO PUMPS and/or contribute to Defendant
BUFFALO PUMPS for their proportionate and respective share of any such judgment as shall be
determined upon the trial of this action, including reasonable costs and attorneys’ fees, pursuant
to Article 16 of the New York CPLR.
DEMAND FOR JURY TRIAL
The answering defendant hereby demands a trial by jury as to all issues.
WHEREFORE, Defendant BUFFALO PUMPS Demands judgment as follows:
1. Dismissing the Complaint, and all Amended Complaint(s) with prejudice as to
Defendant BUFFALO PUMPS;
2. Diminishing the damages otherwise recoverable pursuant to Article 14 of
the New York CPLR;
3. Diminishing the damages otherwise recoverable pursuant to Article 14-A
of the New York CPLR;
4. Diminishing the damages otherwise recoverable pursuant to Article 16 of
the New York CPLR;
7 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
5. For contribution and indemnification from the Co-Defendants herein for
all or a portion of any judgment rendered herein in favor of Plaintiffs and
against Defendant BUFFALO PUMPS including reasonable attorneys'
fees and costs; and
6. For such other, further and different relief as to the Court shall seem just,
proper and equitable.
DATED: February 10, 2022 WILBRAHAM, LAWLER & BUBA
Buffalo, New York
______________________________
Jessica J Burgasser, Attorney
Attorneys for Defendant
Air & Liquid Systems Corporation as successor by
merger to Buffalo Pumps, Inc.
292 Main St., Suite 900
Buffalo, New York 14203
(716) 427-7360
TO: Sean Esford, Esq.
Lipsitz, Ponterio &Comerford, LLC
Attorneys for Plaintiffs
424 Main Street, Suite 1500
Buffalo, NY 14202
(716) 849-0701
8 of 9
202202140881 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022
9 of 9
Preview
FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2987884 Book Page CIVIL Return To: No. Pages: 9 JESSICA JEAN BURGASSER 295 Main Street Instrument: ANSWER Suite 900 Buffalo, NY 14203 Control #: 202202140881 Index #: E2021005118 Date: 02/14/2022 Karnisky, Robert A. Time: 2:32:23 PM Karnisky, Paula A. Air & Liquid Systems Corporation Alray Construction Corp. Armstrong International, Inc. Armstrong Pumps Inc. Aurora Pump Company Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 9 202202140881 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ______________________________________________ ROBERT A. KARNISKY and PAULA A. KARNISKY, his spouse, Index: E2021005118 Plaintiffs, ANSWER WITH CROSS- CLAIMS TO PLAINTIFFS’ AMENDED COMPLAINT vs. AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC.; ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP.; ARMSTRONG INTERNATIONAL, INC.; ARMSTRONG PUMPS INC.; AURORA PUMP COMPANY; CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC.; CLYDE UNION INC. f/k/a UNION PUMP COMPANY; CRANE CO.; ELMER W. DAVIS INC.; FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL; FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY EDWARD VALVES, INC. and EDWARD VOGT VALVES COMPANY; FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY and COFFIN; FOSTER WHEELER LLC; FRONTIER INSULATION CONTRACTORS, INC. f/k/a FRONTIER INSULATION AND ASBESTOS, INC.; GARDNER DENVER INC.; GENERAL ELECTRIC COMPANY; GOULDS PUMPS, INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION; GRINNEL LLLC; 2 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 HONEYWELL INTERNATIONAL, INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION; INDUSTRIAL INSULATION SALES, INC.; INSULATION DISTRIBUTORS, INC.; ITT CORPORATION f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS CORP. ITT HOFFMAN ITT BELL & GOSSETT COMPANY and ITT MARLOW; MADER CAPITAL, INC.; MADER PLASTERING CORP.; MET-PRO TECHNOLOGIES LLC a CECO Environmental Company successor by merger to MET-PRO CORPORATION on behalf of its DEAN PUMP DIVISION; PFAULDER, INC.; R.E. HEBERT AND COMPANY, INC.; RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a RILEY STOKER CORPORATION; ROCHESTER ACOUSTICAL CORP.; ROCHESTER INDUSTRIAL INSULATION INC.; SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC.; SPX COOLING TECHNOLOGIES, INC. f/k/a MARLEY COOLING TECHNOLOGIES, INC. f/k/a THE MARLEY COOLING TOWER COMPANY THE MADER CORPORATION; THE MARLEY-WYLAIN COMPANY f/k/a WEIL-McLAIN; THE WILLIAM POWELL COMPANY UNION CARBIDE CORPORATION; VELAN VALVE CORP.; VIACOMCBS, INC; WARREN PUMPS, LLC; WEIR VALVES & CONTROLS USA, INC. d/b/a ATWOOD & MORRILL CO., INC; WILLIAM SUMMERHAYS' SONS CORPORATION; ZURN INDUSTIRES, LLC 3 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 individually and as successor in interest to ERIE CITY WORKERS CORPORATION; NELES-JAMESBURY, INC., WATTS WATER TECHNOLOGIES, INC. f/k/a WATTS INDUSTRIES, INC. individually and as successor to MUELLER STEAM SPECIALTY COMPANY, Defendants. ___________________________________________ Defendant AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC. (“Defendant BUFFALO PUMPS”) by its attorneys, WILBRAHAM, LAWLER & BUBA, P.C. as and for its ANSWER to Plaintiffs’ Amended Complaint, states upon information and belief as follows: 1. Defendant BUFFALO PUMPS repeats and alleges its Answer, with cross-claims and affirmative defenses, dated December 21, 2020, as if fully incorporated and set forth herein. 2. Answering paragraphs 1, 4-47, and 109-110 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs and on that basis denies them. 3. Defendant BUFFALO PUMPS believes paragraph 2 and 68-69 of Plaintiffs’ Amended Complaint contains a legal argument rather than a fact that can be admitted or denied. To the extent this is a legal argument rather than facts, BUFFALO PUMPS declines to answer. To the extent an answer is necessary, BUFFALO PUMPS, denies paragraph 2 and 67-68. 4. Answering paragraph 3, 55, and 67 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS denies the allegations contained in said paragraphs. 5. Answering paragraphs 48-53, 56-66, and 71-75 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS denies the allegations to the extent they are directed to Defendant BUFFALO PUMPS, and is without knowledge or information sufficient to form a belief as to the 4 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 truth of the allegations to the extent they are related to parties other than Defendant BUFFALO PUMPS and on that basis denies them. By way of further response, Defendant BUFFALO PUMPS specifically denies any allegation(s) of strict liability; negligence; recklessness; carelessness; failure; breach; misrepresentation; false representations; conspiracy; market share liability; or fraudulent, unjust, knowing, intentional, wrongful, willful, misleading, deceptive, immoral, malicious, wanton, or other culpable conduct on the part of Defendant BUFFALO PUMPS contained in said paragraphs. 6. Answering paragraph 55 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS denies the allegations contained in said paragraphs to the extent they are directed to Defendant BUFFALO PUMPS; and is without knowledge or information sufficient to form a belief as to the truth of the allegations to the extent they are related to parties other than Defendant BUFFALO PUMPS and on that basis denies them. 7. Answering paragraphs 77-81 and 83-107 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS, states that the allegations contained in said paragraphs are directed to co-defendants other than BUFFALO PUMPS. Defendant BUFFALO PUMPS is not one of these co-defendants named. As such, Defendant BUFFALO PUMPS declines to respond to said allegations. To the extent that any allegation in said paragraphs makes a claim against Defendant BUFFALO PUMPS, such allegations are denied. 8. With respect to paragraphs 54, 70, 76, 82, and 108 of Plaintiffs’ Amended Complaint, Defendant BUFFALO PUMPS admits such allegations as are elsewhere herein admitted and denies such allegations as are elsewhere herein denied. 9. Defendant BUFFALO PUMPS denies each and every allegation set forth in Plaintiffs’ Amended Complaint not heretofore specifically admitted, denied or otherwise 5 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 controverted. AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS 10. Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiffs recovers judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiffs’ Complaint(s), then any liability on the part of Defendant BUFFALO PUMPS will have been brought about or caused by the negligence, carelessness, fault or culpable conduct on the part of Co-Defendants. 11. By reason of these premises, if Plaintiffs should recover a judgment against Defendant BUFFALO PUMPS, then Co-Defendants shall be liable in contribution to Defendant BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co-Defendants shall indemnify Defendant BUFFALO PUMPS, and/or contribute to Defendant BUFFALO PUMPS for their proportionate and respective share of any such judgment as shall be determined upon the trial of this action, including reasonable costs and attorneys’ fees pursuant to Article 16 of the Civil Practice Law and Rules. AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS 12. Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiffs should recover a judgment against Defendant BUFFALO PUMPS, then the liability of Defendant BUFFALO PUMPS will have been brought about by reason of the primary negligence, carelessness, breach of warranty, and/or strict liability of Co-Defendants, without any such negligence, carelessness, breach of warranty or strict liability on the part of Defendant BUFFALO PUMPS, who is thereby entitled to indemnification for all or part of any such judgment in such amount as shall be determined ultimately at the trial of this action. 6 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 AS AND FOR A THIRD CROSS-CLAIM AGAINST CO-DEFENDANTS 13. Defendant BUFFALO PUMPS denies any liability on its part, but if the Plaintiffs should recover judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiffs’ Complaint(s), then any liability on the part of Defendant BUFFALO PUMPS will have been brought about or caused by the negligence, carelessness, fault or culpable conduct on the part of Co-Defendants. 14. By reason of these premises, if Plaintiffs should recover a judgment against Defendant BUFFALO PUMPS then Co-Defendants shall be liable in contractual indemnification to Defendant BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co- Defendants shall indemnify Defendant BUFFALO PUMPS and/or contribute to Defendant BUFFALO PUMPS for their proportionate and respective share of any such judgment as shall be determined upon the trial of this action, including reasonable costs and attorneys’ fees, pursuant to Article 16 of the New York CPLR. DEMAND FOR JURY TRIAL The answering defendant hereby demands a trial by jury as to all issues. WHEREFORE, Defendant BUFFALO PUMPS Demands judgment as follows: 1. Dismissing the Complaint, and all Amended Complaint(s) with prejudice as to Defendant BUFFALO PUMPS; 2. Diminishing the damages otherwise recoverable pursuant to Article 14 of the New York CPLR; 3. Diminishing the damages otherwise recoverable pursuant to Article 14-A of the New York CPLR; 4. Diminishing the damages otherwise recoverable pursuant to Article 16 of the New York CPLR; 7 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 5. For contribution and indemnification from the Co-Defendants herein for all or a portion of any judgment rendered herein in favor of Plaintiffs and against Defendant BUFFALO PUMPS including reasonable attorneys' fees and costs; and 6. For such other, further and different relief as to the Court shall seem just, proper and equitable. DATED: February 10, 2022 WILBRAHAM, LAWLER & BUBA Buffalo, New York ______________________________ Jessica J Burgasser, Attorney Attorneys for Defendant Air & Liquid Systems Corporation as successor by merger to Buffalo Pumps, Inc. 292 Main St., Suite 900 Buffalo, New York 14203 (716) 427-7360 TO: Sean Esford, Esq. Lipsitz, Ponterio &Comerford, LLC Attorneys for Plaintiffs 424 Main Street, Suite 1500 Buffalo, NY 14202 (716) 849-0701 8 of 9 202202140881 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/14/2022 02:30 PM NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 02/14/2022 9 of 9